NPDES General Permit Coverage Expires on December 7
The 2019 version of the National Pollutant Discharge Elimination System (NPDES) General Permit for Discharges of Stormwater Associated with Construction Activities (the 2019 General Permit) issued by the Pennsylvania Department of Environmental Protection (PADEP) will expire on December 7, 2024.
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A new PAG-02 General Permit will become effective on December 8, 2024 and expire on December 7, 2029 (the 024 General Permit). NPDES Individual Permits for Discharges of Stormwater Associated with Construction Activities (Individual Permits) are not affected by this change.
Individual Permits are issued directly to an individual discharger and are written to reflect site-specific conditions based on information submitted by that discharger. The General Permit is written to cover multiple dischargers with similar operations and types of discharges. The General Permit is issued to no one in particular with multiple dischargers obtaining coverage under the General Permit once it is issued.
Existing permittees under the 2019 General Permit who wish to remain covered under the new 2024 General Permit will need to submit a renewal to the office that approved the original coverage (either PADEP or the county conservation district) by December 7, 2024. Existing permittees should have been notified in the past month of the impending expiration of their 2019 General Permit. If your permit coverage expires, it cannot be renewed administratively. If you do not need to continue coverage under the 2024 General Permit, you will need to complete the Notice of Termination (NOT) process for the 2019 General Permit prior to the December 7, 2024 expiration date.
In connection with renewal of coverage under the new 2024 General Permit, it is important to evaluate whether your project is still eligible for a General Permit or whether an Individual Permit may now be required. It is also important to be aware of the new or updated conditions included as part of the 2024 General Permit that must be complied with to maintain coverage.
The attorneys in the Zoning & Land Use Group and the Environmental Group at Klehr Harrison can provide guidance and assist with the renewal and termination process for NPDES General Permits. Should you have any questions regarding NPDES permitting, please contact Matthew McHugh or Leonard Altieri in the Zoning & Land Use Group or Douglas Schleicher in the Environmental Group.
Co-authors Matthew McHugh, partner, and Leonard Altieri, associate, are members of the Zoning and Land Use Practice Group in the Real Estate and Finance Department at Klehr Harrison.